The objects of this clause of the constitution, although
founded upon the principle of our state bill of rights, Art.
8, declaring, "that a well regulated militia, composed of
the body of the people trained to arms, is the proper, natural,
and safe defence of a free state," were thought to be
dangerous to the state governments. The convention of
Virginia, therefore, proposed the following amendment to
the constitution; "that each state respectively should have
the power to provide for organizing, arming, and disciplining
it's own militia, whenever congress should neglect
to provide for the same." . . . A further amendment proposed,
was, "that the militia should not be subject to martial
law, except when in actual service, in time of war, rebellion,
or invasion." . . . A provision manifestly implied
in the words of the constitution. As to the former of these
amendments, all room for doubt, or uneasiness upon the
subject, seems to be completely removed, by the fourth article
of amendments to the constitution, since ratified, viz.
"That a militia being necessary to the security of a free
state, the right of the people to keep, and bear arms, shall
not be infringed." . . . To which we may add, that the
power of arming the militia, not being prohibited to the
states, respectively, by the constitution, is, consequently,
reserved to them, concurrently with the federal government.
In pursuance of these powers, an act passed, 2
Cong. 1 Sess. c. 33, to provide for the national defence, by
establishing an uniform militia throughout the United
States; and the system of organization thereby established,
has been carried into effect in Virginia, and probably in
all the other states of the union.

Uniformity in the system of organization, and discipline
of the militia, the constitutional defence of a free government
is certainly desirable, and must be attended with
beneficial effects, whenever the occasion may again require
the co-operation of the militia of the states respectively.
The want of power over these subjects, was one of
the defects of the former system of government under the
confederation; and the consequent want of uniformity of
organization, and of discipline, among the several corps of
militia drawn together from the several states, together
with the uncertainty and variety of the periods of service,
for which those corps were severally embodied, produced
a very large portion of those disgraces, which attended the
militia of almost every state, during the revolutionary war;
and, thus contributed to swell the national debt, to an
enormous size, by a fruitless expence. By authorising the
federal government to provide for all these cases, we may
reasonably hope, that the future operations of the militia
of the confederated states, will justify the opinion, that
they are the most safe, as well as most natural defence of
a free state. An opinion, however, which will never be justified,
if the duty of arming, organizing, training, and disciplining
them, be neglected: a neglect the more unpardonable,
as it will pave the way for standing armies; the
most formidable of all enemies to genuine liberty in a
state.

We have seen that the appointment of the officers of the
militia, and the authority of training them, are expressly
reserved to the states, by this article: this was considered
as a most important check to any possible abuse of power
in the federal government, whenever the aid of the militia
should be required by it.

Notwithstanding this wise precaution in the constitution,
the fifth congress appear to have disregarded it, by authorising
the president of the United States, to enlist and
organize volunteers, or special corps of militia, whose officers
HE was authorised to appoint, either by his own authority,
or with the concurrence of the senate; they were
likewise to be trained and disciplined in the manner which
he should direct, and be liable to be called upon to do
duty, at any time that he should judge proper, within two
years after their acceptance, and be exempted, during the
time of their engagement, from all militia duty, which
might be required of them by the laws of the United
States, or of any state, and from every fine, penalty, or
disability, provided to enforce the performance of any
duty or service in the militia. . . . The number of these
corps was at first unlimited, and the president was authorised
to sell or lend them artillery, small-arms, accoutrements,
from the public arsenals. L. U. S. 5 Cong. c. 64.
Sec. 3, and c. 74. . . . As these select corps were not called
into actual service by those acts, but were only liable to be
called upon at the pleasure of the president, it seems impossible
to view them in any other light, than as a part of
the militia of the states, separated by an unconstitutional
act of congress, from the rest, for the purpose of giving to
the president powers, which the constitution expressly denied
him, and an influence the most dangerous that can
be conceived, to the peace, liberty, and happiness of the
United States.

Tucker, St. George. Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of the Commonwealth of Virginia. 5 vols. Philadelphia, 1803. Reprint. South Hackensack, N.J.: Rothman Reprints, 1969.